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STATE v. UYESUGI

No. 23805.

60 P.3d 843 (2002)

100 Hawai`i 442

STATE of Hawai`i, Plaintiff-Appellee, v. Byran UYESUGI, Defendant-Appellant.

Supreme Court of Hawai`i.

December 26, 2002.

Attorney(s) appearing for the Case

Deborah L. Kim and Edward K. Harada, Deputy Public Defenders, on the briefs, for defendant-appellant.

Donn Fudo, Deputy Prosecuting Attorney and Brian Toma, Law Clerk on the brief, on the briefs, for plaintiff-appellee.

MOON, C.J., LEVINSON, and NAKAYAMA, JJ., and ACOBA, J., concurring separately, with whom RAMIL, J., joins.

Opinion of the Court by NAKAYAMA, J.

Defendant-appellant Byran Uyesugi appeals from the judgment of the first circuit court, the Honorable Marie N. Milks presiding, convicting Uyesugi of murder in the first degree in violation of Hawai`i Revised Statutes (HRS) § 707-701 (1993)1 and attempted murder in the second degree in violation of HRS §§ 705-500 (1993)2 and 707-701.5 (1993).

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